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GSAOPRFR0001 - Appeal Level 1 - Procedures

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Agency Scheme:

GSAOPRFR0001

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Administrator

Appeal Office (global name):

General Services Administration: Office of the Administrator

Sub-Agency/Bureau/Division::

N/A

Appeal Officer #1 (Title):

Administrator of General Services

Appeal Officer #2 (Title):

Deputy Administrator of General Services

Are administrative appeals permitted from final decisions issued by this appellate office?:

No

PROCESS & PROCEDURE - General Information

Which party (or parties) is/are permitted to file appeals with this office?:

Private Party

Are private parties permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Attorney

Is the agency permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

Regulations/rules of practice for appeal hearings (please include CFR citations):

41 CFR 105-70.039 - 105-70.042

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted on appeals adjudicated by this office?:

Written (Document-Only) Hearing

How is the type of hearing selected for appeals heard by this office?:

Required by Rule

How many appeal officers preside at each hearing?:

One

Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:

No

Can third-parties submit amicus briefs and/or evidence?:

No

Are appeal hearings recorded and/or transcribed?:

N/A (Document-Only Hearings)

Are appeal hearings open to the public?:

N/A (Document-Only Hearing)

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Who has authority to issue final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:

Yes (All Types of Cases)

If "Yes," please specify these time limit(s):

41 CFR 105-70.039(k) - "The Authority Head shall promptly serve each party to the appeal with a copy of the decision of the Authority Head and a statement describing the right of any person determined to be liable for a penalty or assessment to seek judicial review."

Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:

No

Are final decisions issued by this appellate office published and/or posted on the agency website?:

No

Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:

Yes (All Types of Cases)

If "Yes," please provide citation(s):

41 CFR 105-70.035(b); 105-70.039(h)

Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:

No

PROCESS & PROCEDURE

Comments/Notes on Appellate Process & Procedures (Optional):

-The regulations do not expressly prohibit ex parte contacts at the appeal stage; parties are only prohibited from contacting the ALJ ex parte. See 41 CFR 105-70.015; 41 CFR 105-70.039. However, the appeals section does make clear that the parties have no right to appear personally before the appellate officer. See 41 CFR 105-70.039(f). -Factual development to supplement the record is not technically permitted at the appellate stage. However, if a party makes a showing that material evidence not presented before the ALJ exists and that there are reasonable grounds for their failure to present it, the Administrator may remand to the ALJ to consider the evidence. 41 CFR 105-70.039(i).

ADJUDICATORS

Total # of Appeal Officers:

2

Information About Appeal Officer:

Adjudication Officer Title	Are persons in this position subject to performance evaluation?	Are persons in this position employed full-time as adjudication officers?	If "No", briefly describe other duties:	Are persons in this position subject to quality control measures or production goals?
Administrator of General Services	No	No	Acting as the appellate officers pursuant to 41 CFR 105-70.039 is clearly but one of the duties performed by the Administrator and the Deputy Administrator of General Services. Their primary duties pertain to overseeing GSA's mission of improving the governments workplace by managing assets, delivering maximum value in acquisitions, preserving historic property, and implementing technology solutions. See http://www.gsa.gov/portal/category/21415.	No
Deputy Administrator of General Services	No	No	Acting as the appellate officers pursuant to 41 CFR 105-70.039 is clearly but one of the duties performed by the Administrator and the Deputy Administrator of General Services. Their primary duties pertain to overseeing GSA's mission of improving the governments workplace by managing assets, delivering maximum value in acquisitions, preserving historic property, and implementing technology solutions. See http://www.gsa.gov/portal/category/21415.	No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

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GSAOPRFR0001 - Appeal Level 1 - Procedures